BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Norma J. Torres, Chair
BILL NO: AB 1311 HEARING DATE: 7/2/13
AUTHOR: BRADFORD ANALYSIS BY: Darren Chesin
AMENDED: 3/21/13
FISCAL: NO
SUBJECT
Recall elections
DESCRIPTION
Existing law provides that if a vacancy occurs in an office
after a recall petition is filed against the vacating officer,
the recall election shall proceed. The vacancy shall be filled
as provided by law, but any person appointed to fill the vacancy
shall hold office only until a successor is selected and the
successor qualifies for that office.
This bill establishes a process for filling a vacancy in an
office that occurs after a recall petition has been filed
against the vacating officer. Specifically, this bill :
Requires the elections official or officials to verify the
signatures on the recall petition that have been submitted as
of the date of the vacancy.
Provides that if a sufficient number of signatures have been
filed for the recall to qualify as of the date of the vacancy,
the recall election shall proceed.
Provides that if an insufficient number of signatures or no
signatures were filed for the recall to qualify as of the date
of the vacancy, the recall shall not proceed and the vacancy
shall be filled as provided by law.
Provides that a person who is the subject of a recall petition
may not be appointed to fill the vacancy in the office that he
or she vacated nor shall that person be appointed to fill any
other vacancy in office on the same governing board for the
duration of the term of office of the seat that he or she
vacated.
Deletes the requirement that any person appointed to fill a
vacancy shall hold the office only until a successor is
selected.
BACKGROUND
Less Than Total Recalls ? The question of how current law would
be interpreted regarding the timing of a vacancy in an office
subject to a recall was raised several times during recall
efforts which occurred during the last few years. Specifically,
concern was raised over the possibility of an officeholder
subject to a recall effort resigning to avoid the recall
election then get appointed to another vacancy on the same
governing body.
COMMENTS
1.According to the Author : Questions have arisen of how current
law would be interpreted regarding the timing of a vacancy in
an office subject to a recall. Specifically, concerns have
been raised over "musical chairs" gamesmanship, where someone
might resign to avoid a recall moving forward then get
appointed to another vacancy on the same governing body.
Current law provides that if an elected official resigns after
a recall petition is filed with the county elections official,
the entire recall process, including the requirement that an
election be held, must proceed.
AB 1311 addresses this conflict by clarifying the process to be
followed when the elected official resigns after recall
petitions have been filed with a county elections office.
2.Previous Legislation . AB 2088 (Adams) of 2010, was
substantially similar to this measure except that AB 2088
would have clarified a conflict regarding the number of
signatures that need to be verified using a random sampling
technique when recall petitions are filed. AB 2088 was vetoed
by Governor Schwarzenegger. In his veto message Governor
AB 1311 (BRADFORD)
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Schwarzenegger said that, "this bill would limit an important
power of direct democracy by limiting voters' ability to
recall an elected official and elect a replacement.
Unfortunately recall efforts can become punitive rather than a
constructive effort to replace an officeholder; however, the
recall process as a whole is an important component of the
people's right to directly change their government. Under the
provisions of this bill, an official subject to a recall could
resign and allow a successor to take their place. This limits
the ability of the voters to select the replacement through a
recall election."
PRIOR ACTION
Assembly Elections and Redistricting Committee: 5-1
Assembly Floor: 57-14
POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
AB 1311 (BRADFORD)
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